Moyne Shire Council has failed to elect a new mayor in an unusual vote at the Mortlake council offices on Tuesday.

The two nominees for mayor, councillors Damian Gleeson and Jordan Lockett were tied at three votes apiece, with councillors Smith, Gleeson and Meade voting for Gleeson, and councillors Foster, Lockett and Purcell voting for Lockett.

The man who should have cast the deciding vote, Cr Jim Doukas, suddenly encountered technical problems after his preferred candidate, Cr James Purcell, withdrew from the contest when he saw he didn't have the numbers to succeed.

Cr Doukas had joined the meeting remotely because he could not attend the Mortlake council offices as a result of refusing to get vaccinated against COVID-19.

Council CEO Bill Millard, as temporary chair of the meeting, declared Cr Doukas had left the meeting and he was unable restore his connection.

Council took a 10 minute adjournment to try to resolve the election, with senior staff calling a lawyer with expert knowledge of the Victorian Local Government Act 2020.

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Cr Lockett told The Standard he had believed it would be possible to "rock, paper, scissors" with Cr Gleeson for the title, but the advice from the lawyer was that the mayor had to be elected by "an absolute majority".

Upon resumption of the meeting a second round of nomination and voting took place, however votes were again tied at three apiece and the decision was made to declare a failed election.

Cr Meade was elected acting mayor in order to chair the meeting, but the shire is now officially without a mayor, with Mr Millard taking on public duties until there is a successful vote.

The meeting then continued with Cr Meade as chair. Several minutes later Cr Doukas was able to restore his video and audio connection.

Cr Lockett said he was frustrated by the whole episode.

"I have to say it was disappointing Cr Doukas had technical issues, in inverted commas, and then all of a sudden came back," he said.

"We need a mayor and now we're going to have to wait at least a couple of weeks before this is resolved."

Cr Gleeson said Cr Doukas had the right not to vote.

"That's the democratic process," he said.

A new election can only take place at a special meeting of council, which must be held at least 14 days after being announced. It is understood council staff will make an announcement as soon as Wednesday.

Cr Doukas denied any responsibility for the failed election.

"I dispute that 100 per cent," he said.

Cr Doukas said the two candidates should have flipped a coin, despite legal advice received during the recess suggesting that was not an option. It is probable Cr Doukas' technical issues prevented him from hearing the advice.

Senior council staff will be working on possible amendments to the Moyne Shire Council Governance Rules to prevent a similar situation occurring again.

While the next attempt at an election is at least two weeks away, the prospect of a successful vote is still up in the air. A candidate must receive four votes to be elected, even if all seven councillors do not choose to vote.

It is understood Cr Doukas may abstain from voting in a future election, meaning a councillor would have to switch their votes, or one of the candidates would have to withdraw.

Neither Cr Lockett nor Cr Gleeson said they had any intention to withdraw from the election, however Cr Gleeson said he would always put the shire first.

"If it's not resolved at the special meeting, then I'll make sure Moyne Shire has a mayor, one way or the other," he said.

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